JOSEPH C. HERRING v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSEPH C. HERRING, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D08-0451 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 22, 2008. An appeal from the Circuit Court for Liberty County. L. Ralph Smith, Jr., Judge. Joseph C. Herring, pro se, Appellant. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Based on the state s proper concession of error, we reverse the trial court s summary denial of appellant s postconviction claims 19 and 21 and remand either for attachment of portions of the record refuting the claims or for an evidentiary hearing. The trial court s summary denial of all other claims is affirmed. REVERSED IN PART; AFFIRMED IN PART; REMANDED FOR FURTHER PROCEEDINGS. BROWNING, C.J., PADOVANO and POLSTON, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.